Cases

Ostrom v. Manorcare Health Servs., 2007 U.S. Dist. LEXIS 4106 (D. Mich. 2007)

Plaintiff, an Alzheimer’s patient, exited the nursing home on March 22, 2004 through an unlocked door. He was chased by staff as he went into a courtyard. In the courtyard, he tripped over a light post and suffered injury. He was found unresponsive and bleeding from the head. At the hospital he was diagnosed with a severe head injury, was placed on a feeding tube and later returned to a nursing home where he remained without improvement. Plaintiff’s sued for ordinary negligence. He alleged a failure to provide him with the proper standard of care by failing to perform a risk assessment for falls, wandering and elopement, failing to implement a detailed plan of care, and failing to provide the facilities, services and staff to keep him safe. Defendants filed a motion for summary judgment arguing that the claims sounded in malpractice and that Plaintiff failed to file an affidavit of merit. The Court found that Plaintiff’s late-filed claim alleging inadequate staffing would involve medical judgment, but that general risks, such as not securing the courtyard and making it safe would not. The fact that Plaintiff had Alzheimer’s does not by itself transform a negligence case into a malpractice case.

Published by
David McGuffey

Recent Posts

Are Video Wills Valid?

Video Wills You might wonder whether you can make a video recording of yourself stating…

3 weeks ago

2025 Georgia Medicaid Transfer Penalty

2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home…

3 weeks ago

Another Scam, and this one makes my blood boil

Recently, my dad died. While I was driving back from being sworn in as his…

2 months ago

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has…

2 months ago

Georgia Power of Attorney Act

Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…

3 months ago

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…

3 months ago